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HomeMy WebLinkAboutON CALL CONSTRUCTION ENGINEERING Job No. 19009 JEFFERSONVILLE ANNUAL PAVING SPECIFICATIONS AND ON-CALL CONSTRUCTION ENGINEERING JEFFERSONVILLE BOARD OF PUBLIC WORKS JEFFERSONVILLE, INDIANA PROFESSIONAL ENGINEERING SERVICES AGREEMENT s t. This is an agreement made as of this 1-u day of March, 2019, between the City of Jeffersonville, Indiana, acting through its duly appointed Board of Public Works and Safety (OWNER) and Jacobi, Toombs, and Lanz, Inc. (CONSULTANT), a firm of Professional Engineers,Surveyors and GIS Specialists. OWNER hereby retains CONSULTANT to perform services as described in Attachment A. CONSULTANT agrees to perform the services in consideration of the compensation described in Attachment B and in accordance with the Professional Engineering Services described in Attachment A and in accordance with the terms described in Attachment D. This Agreement consists of this document together with Attachment A — Project Description and Proposed Engineering Services, Attachment B — Fee Schedule, Attachment C — Hourly Billing Rates, Attachment D — Terms and Conditions, and Attachment E — Provisions Regarding Employment of Unauthorized Aliens. This agreement between the OWNER and CONSULTANT supersedes all prior written and oral understandings. This agreement may only be amended, supplemented,modified or canceled by a duly executed written instrument. In executing this Agreement, the undersigned also acknowledge their authority to bind the parties to all terms and conditions. In witness whereof, the parties hereto have made and executed this Agreement as of the day and year first written. OWNER: CONSULTANT: Jeffersonville Board o Pub works Jacobi,Toombs and Lanz,Inc. Jeffersonville, Indian.] Consulting Engineers 500 Quartermaster Co 1829 E. Spring Street,Suite 201 Jeffersonville,Indiana 1 131 New Albany, Indiana 47150 By: 114 By: 1* e oore,President Michael C. Harris,P.E.,Vice President Witn- Witness: Les Merkley,City Att. Joshua Hillman,P.E.,P.L.S.,Associate Page 1 of 11 S:\projects\19009-2019 Jeff Annmd Paving Specs&on-Call Construction Enginecnng\Proposal\19009 Professional Cngmeenng Services Ageement.doc Job No. 19009 ATTACHMENT A PROJECT DESCRIPTION AND PROPOSED ENGINEERING SERVICES 1. Project Description The OWNER wishes to advertise for bids for a construction amount of approximately $1,300,000.00 of surface milling and resurfacing of existing pavement,improvements to the associated pedestrian corridor as required by the Americans with Disabilities Act,replacement of traffic signal detection loops, and pavement patching where necessary. 2. Scope of Engineering Services The CONSULTANT shall provide the following: Specifications: A. Provide specifications for the OWNER to advertise for bids. The unit price bid form will be based on quantities per linear feet of similar width streets from previous annual paving projects. B. Coordinate with the OWNER. C. Provide the"Notice to Bidders" to the newspaper to be published twice. D. Publish sets of the Contract Documents and Specifications for bidders. E. Assist the OWNER in bidding the work, analyze Contractor bids received, and make award recommendations. F. The project will be advertised for bid opening in order to begin work in April 2019 contingent on receipt of potential paving locations from the OWNER. On-call Construction Engineering: G. Provide evaluation of street conditions for milling and resurfacing, pedestrian corridor improvements, replacement of traffic signal detection loops, and pavement patching on an on-call basis. H. Coordinate with OWNER. 3. Project Schedule Services for writing the Specifications shall commence upon receipt of a signed contract and notice- to-proceed and shall be completed within thirty (30) calendar days. Construction Engineering Services shall be performed on an on-call basis. Page 2 of 11 Professional Services Agreement S:\projects\19009.2019 Jeff Annual Paving Specs 3 On-Call Construction Engineering\Propos:d\19009 Professional Engnneenng Services Agreement.doc Job No. 19009 ATTACHMENT B FEE SCHEDULE The CONSULTANT shall receive as payment for the work performed under this agreement on a time and materials basis, based on the current hourly billing rates and for an amount not-to-exceed of seventy-five thousand dollars and no cents ($75,000.00) for the following work operations: 1. Specifications/Bidding 2. Assessments/Estimates 3. On-Call Support The CONSULTANT may submit monthly invoices for payment for work completed to date. Page 3 of 11 Professional Services Agreement S:\projects\19009-21119 Jeff Annvd P.ning Specs&On-call Consnvcnon Engineenng\Proposal\19009 ProFesswn.d Enynneenng Services Agreemenudoc Job No. 19009 ATTACHMENT C HOURLY BILLING RATES JACOBI, TOOMBS AND LANZ, INC. 2019 HOURLY BILLING RATES STANDARD HOURLY BILLING CODE CLASSIFICATION RATE" PR2 PRINCIPAL- PRESIDENT $180 PR1 PRINCIPAL-VICE PRESIDENT $175 PM3 PROJECT MANAGER III $160 PM2 PROJECT MANAGER II $145 PM1 PROJECT MANAGER I $135 E5 ENGINEER V (PE) $160 E4 ENGINEER IV (PE) $140 E3 ENGINEER III (PE) $130 E2 ENGINEER II (PE) $120 El ENGINEER I (PE) $110 DE DESIGN ENGINEER $105 LA LANDSCAPE ARCHITECT $90 ET4 ENGINEERING TECH IV (EIT) $87 ET3 ENGINEERING TECH III (EIT) $80 ET2 ENGINEERING TECH II $70 ET1 ENGINEERING TECH I $65 GM GIS MANAGER $140 GT2 GIS TECHNICIAN II $80 GT1 GIS TECHNICIAN I $75 CT3 CAD TECH III (DESIGNER) $90 CT2 CAD TECH II $75 CT1 CAD TECH I $70 SM SURVEY MANAGER $150 LS2 LAND SURVEYOR II (LS) $110 LS1 LAND SURVEYOR I (LS) $100 SC SURVEY CHIEF $85 ST2 SURVEY TECHNICIAN II $80 ST1 SURVEY TECHNICIAN I $75 FC2 2-MAN SURVEY CREW $165 FC3 3-MAN SURVEY CREW $240 RCM RESIDENT CONSTRUCTION MANAGER $125 RP RESIDENT CONSTRUCTION REPRESENTATIVE $100 RI RESIDENT INSPECTOR $85 CA CONSTRUCTION/PROJECT ADMINISTRATOR $90 ADM ADMINISTRATIVE ASSISTANT $110 CL CLERICAL $70 LAS LAND ACQUISITION SPECIALIST $100 Page 4 of 11 Professional Services Agreement S:\projects\19009-2019 Jeff Annul Pacing Specs as On-Call Construction Engineering\Proposal\t90u9 Professional Engineering Sams Agreement.dor Job No. 19009 PRIII PLAN REVIEWER III $98 PRII PLAN REVIEWER II (ICC CERTIFIED) $90 PRI PLAN REVIEW I $85 GPS GPS $50 RTS ROBOTIC TOTAL STATION EQUIPMENT $50 EXP MILEAGE: PER MILE $0.45 Overtime will be charged at 1.25 times the standard billing rate. ie"Serving as an expert witness in legal proceedings will be charged at 2 times the standard billing rate. These rates may be adjusted on an annual basis as required by economic factors at the discretion of Jacobi, Toombs and Lanz, Inc. Page 5 of 11 Professional Services Agreement S:\projects\19009•3019 Jeff Annual Pacing Specs&On-Call Construction Engineering\Proposal\19009 Professional Engineering Services Agreettunt.doc Job No. 19009 Attachment D Terms and Conditions Services Jacobi, Toombs and Lanz, Inc. (JTL) will include customary and statutory benefits, perform services for the Client with these Terms and administrative expenses, and non-project operating Conditions. JTL has developed the Project scope of costs. service, schedule, and compensation based on available • Lump sum is defined as a fixed price amount for the information and various assumptions. The Client scope of services described. acknowledges that adjustments to the schedule and • Standard Rates is defined as individual time multiplied compensation may be necessary based on the actual by standard billing rates for that individual. circumstances encountered by JTL in performing their services. • Subcontracted services are defined as Project-related Authorized Representatives The officer assigned to the services provided by other parties to JTL. Project by JTL is the only authorized representative to • Reimbursable expenses are defined as actual make decisions or commitments on behalf of JTL. The expenses incurred in connection with the Project. Client shall designate a representative with similar Payment Terms JTL shall submit monthly invoices for authority. services performed and Client shall pay the full invoice Project Requirements The Client shall confirm the amount within 45 days of the invoice date. Invoices will objectives, requirements, constraints, and criteria for the be considered correct if not questioned in writing within Project at its inception. If the Client has established 10 days of the invoice date.JTL may be entitled to a 2% design standards, they shall be fumished to JTL at Per month administrative charge in the event of payment Project inception. JTL will review the Client design delay. Client payment to JTL is not contingent on standards and may recommend alternate standards arrangement of project financing. Invoice payment considering the standard of care provision. delayed beyond 60 days shall give JTL the right to stop work until payments are current. Non-payment beyond Site Access The Client shall obtain all necessary approvals for JTL to access the Project site(s). 70 days shall be just cause for termination by JTL. Period of Service JTL shall perform the services for the Additional Services The Client and JTL acknowledge Project in a timely manner consistent with sound that additional services may be necessary for the Project professional practice. JTL will strive to perform its to address issues that may not be known at Project services according to the Project schedule set forth in initiation or that may be required to address Attachment B. The services of each task shall be circumstances that were not foreseen. Other than an considered complete when deliverables for the task have emergency, JTL shall notify the Client through its been presented to and accepted by the Client. designated agent, prior to incurring additional expenses Compensation In consideration of the services or performing additional work, of the need for additional performed by JTL, the Client shall pay JTL in the manner services or work that JTL reasonably believes may be set forth in Attachment C. The parties acknowledge that necessary. The Client shall then review the nature of the terms of are based on orderly and additional services, and the payment for such additional terms continuous compensationprpgress of the Project.edIf an delays on the services. The parties shall separately agree on the need project take place,JTL shall notify the Client's designated for additional services and payment for such additional services. agent of the nature and cause of the delay and any additional costs this may create both in the Project cost Independent Consultant JTL shall serve as an itself and the compensation due to JTL. The client shall independent consultant for services provided under this agreement. JTL shall retain control over the means and then review the nature and cause of the delay and additional costs, and the parties shall separately agree to methods used in performing their services and may retain any extensions of time or additional compensation to subconsultants to perform certain services as determined JTL. by JTL. Payment Definitions The following definitions shall Standard of Care Services provided by JTL will be apply to methods of payment: performed with the care and skill ordinarily exercised by • Salary cost is defined as the individuals base salary members of the same profession practicing under similar circumstances. JTL will not be liable for the cost of any plus customary and statutory benefits. Statutory benefits shall be as prescribed by law and customary omission that adds value to the Project. benefits shall be as established by JTL employment Compliance with Laws JTL shall perform its services policy. consistent with sound professional practice and endeavor to incorporate laws, regulations, codes, and standards • Cost plus is defined as the individuals base salary plus app lIca ble at the time the work is performed. In the event actual overhead plus professional fees. Overhead shall Page 6 of 11 Professional Services Agreement S:\proiecrs\191109-2019 Jeff Annual Poring Specs&On-Call Censnvenon Cngsneenng\Proposal\19009 Professional Lngneenng Services Agreement d,c Job No. 19009 that standards of practice or legal requirements change services performed in defense of any third party claim during the Project, JTL shall promptly notify the Client unless the claim resulted from the negligent act, error or through its designated agent of such changes and any omission of JTL. additional costs that this may create both in the Project Legal Expense In the event legal action becomes cost itself and the compensation due to JTL. The Client necessary to enforce the provisions of this agreement, shall then review the nature and cause of the changes the prevailing party shall be entitled to recover the costs and additional costs, and the parties shall separately of legal action against the opposing party, including, but agree to any changes in the Project or additional not limited to, court costs, attorney fees,and related legal compensation to JTL. expenses. Permits and Approvals JTL will assist the Client in Lien Rights JTL may file a lien against the Client's preparing applications and supporting documents for the property in the event that the Client does not make Client to secure permits and approvals from agencies payment within the time prescribed in this agreement. having jurisdiction over the Project. The Client agrees to The Client agrees that services by JTL are considered pay all application and review fees. property improvements and the Client waives the right to Ownership of Documents Documents prepared by JTL any legal defense to the contrary. for the Project are instruments of service and shall Consequential Damages Neither the Client nor JTL remain the property of JTL. Record documents of service shall be liable to the other for any consequential shall be based on the printed copy. JTL will furnish damages regardless of the nature or fault. documents electronically, however, the Client releases Environmental Matters The Client warrants they have JTL from any liability that may result from documents disclosed all potentially hazardous materials that may be used in this form. JTL shall not be held liable for reuse of encountered on the Project. In the event unknown documents for any purpose other than those intended hazardous materials are encountered, JTL shall be under the Project. entitled to additional compensation for appropriate Insurance JTL will maintain the following insurance and actions to protect the health and safety of its personnel, coverage limits during the period of service. The Client and for additional services required to comply with will be named as an additional insured on the applicable laws. JTL and the Client acknowledge that Commercial General Liability and Automobile Liability unforeseen environmental matters may arise during the policies. course of the Project. The Client shall notify JTL of any Worker's Compensation $500,000 per Accident arpbtential environmental matters of which the Client may $500,000 Policy Limit be aware, and JTL shall immediately notify the Client Commercial General $1,000,000 per occurrenhrough its designated agent of any environmental Liability (bodily injury including death matters of which JTL becomes aware. The parties shall &property damage) mutually agree to a course of action, which shall include $2,000,000 aggregate termination of the Project. In the case of an emergency, JTL will take appropriate action and immediately contact Automobile Liability $1,000,000 combined single the Client's designated agent. In the event of an limit for bodily injury arednergency,JTL will be compensated for actual costs and property damage for its services based on the billing rates established in Professional Liability $1,000,000 each claim and the agreement. in the aggregate Cost Opinions JTL shall prepare cost opinions for the The Client shall make arrangements for Builder's Risk, Project based on historical information that represents Protective Liability, Pollution Prevention, and other the judgment of a qualified professional. The Client and specific insurance coverage warranted for the Project in JTL acknowledge that actual costs may vary from the amounts appropriate to the Project value and risks. JTL cost opinions prepared and that JTL offers no guarantee shall be a named insured on those policies where JTL related to the Project cost. may be at risk. The Client shall obtain the counsel of Independent Counsel The Client agrees to obtain others in setting insurance limits for construction independent legal and financial counsel for the Project contracts. considering JTL does not furnish these services. Waiver of Subrogation JTL shall endeavor to obtain a Contingency Fund The Client acknowledges the waiver of subrogation against the Client, if requested in potential for changes in the work during construction and writing by the Client, provided that JTL will not increase the Client agrees to include a contingency fund in the its exposure to risk and the Client will pay the cost Project budget appropriate to the potential risks and associated with any premium increase or special fees. uncertainties associated with the Project. JTL may offer Indemnification JTL shall indemnify the Client from any advice concerning the value of the contingency fund; reasonable damages caused solely by the negligent act, however, JTL shall not be liable for additional costs that error, or omission of JTL in the performance of services the Client may incur beyond the contingency fund they under the Project. If such damage results in part by the select unless such additional cost results from a negligence of another party, JTL shall be liable only to negligent act, error, or omission related to services the extent of their proportional negligence. performed by JTL. Third Party Claims The Client will compensate JTL for Contractor Selection JTL may make recommendations Page 7 of 11 Professional Services Agreement S\proleces\19009-2019 Jeff Annul Paving Specs S On-Cull Construction Enynneenng\Proposal\19009 Profess,on.l Engmcenng Services a\grecmentd^c Job No. 19009 concerning award of construction contracts and products. written notice. JTL shall submit an invoice for services The Client acknowledges that the final selection of performed up to the effective date of the work suspension construction contractors and products is their sole and the Client shall pay JTL all outstanding invoices responsibility. within fourteen (14)days. If the work suspension exceeds Shop Drawing Review If included in the scope of thirty (30) days from the effective work suspension date, service, JTL shall review shop drawing submittals from JTL shall be entitled to renegotiate the Project schedule the contractor solely for their conformance with the and the compensation terms for the Project. design intent of and performance criteria specified for the Termination The Client or JTL may terminate services Project. JTL shall not be liable for the performance of or on the Project upon seven (7) days written notice in the consequential damages of any equipment furnished by event of substantial failure by the other party to fulfill its the contractor under the Project. obligations of the terms hereunder. JTL shall submit an Construction Review If included in the scope of service, invoice for services performed up to the effective date of JTL shall observe the progress and content of the work to termination and the Client shall pay JTL all outstanding determine if the work is proceeding in general invoices within fourteen (14) days. The Client may accordance with the Contract Documents. This withhold an amount for services that may be in dispute construction review is intended to observe, document, provided that the Client furnishes a written notice of the and report information concerning the construction basis for their dispute and that the amount withheld process. Observation of work at the Project site shall not represents a reasonable value. make JTL responsible for the work performed by another Governing Law The terms of agreement shall be party, the means, methods, techniques, sequences, or governed by the laws of the state where the services are procedures selected by another party, nor the safety performed provided that nothing contained herein shall precautions or programs of another party. be interpreted in such a manner as to render it Rejection of Work JTL may recommend that the Client unenforceable under the laws of the state in which the reject work by construction contractors that does not Project resides. conform to the requirements of the Project. Assignment Neither party shall assign its rights, Safety JTL shall be responsible solely for the safety interests or obligations under the Project without the precautions or programs of its employees and no other express written consent of the other party. party. Waiver of Rights The failure of either party to enforce Information from Other Parties The Client and JTL any provision of these terms and conditions shall not acknowledge that JTL will rely on information furnished constitute a waiver of such provision nor diminish the by other parties in performing its services under the right of either party to the remedies of such provision. Project.JTL shall not be liable for any damages that may Warranty JTL warrants that they will deliver products be incurred by the Client in the use of third party under the Project within the standard of care. JTL information. provides no other expressed or implied warranty. Construction Record Drawings If included in the scope Severability Any provision of these terms later held to of service, JTL will deliver drawings to the Client violate any law shall be deemed void and all remaining incorporating information furnished by construction provisions shall continue in force. In such event, the contractors. In that construction record drawings are Client and JTL will work in good faith to replace an invalid based on information provided by others, JTL cannot and provision with one that is valid with as close to the does not warrant their accuracy. original meaning as possible. Force Majeure Neither party will hold the other Survival All provisions of these terms that allocate responsible for damages or delay caused by acts of God, responsibility or liability between the Client and JTL shall acts of war, strikes, accidents, or other events beyond survive the completion or termination of services for the the other's control. Project. Dispute Resolution The Client and JTL agree that they No Personal Liability The client further agrees that, to shall diligently pursue resolution of all disagreements the fullest extent permitted by law, no owner, within 45 days of either party's written notice using a shareholder, officer, director, partner, principal or mutually acceptable form of mediated dispute resolution employee of JTL shall have personal liability under this prior to exercising their rights under law. JTL shall indemnification provision, under any provision of the continue to perform services for the Project and the Agreement, or for any matter in connection with the Client shall pay for such services during the dispute Professional Services provided by JTL in connection with resolution process unless the Client issues a written the project. notice to suspend work. Suspension of Work The Client may suspend services performed by JTL with cause upon fourteen (14) days Page 8 of 11 Professional Services Agreement S:\projects\19009 2019 Jeff Annual Paring Specs&On-Call Construction Engmeenng\Proposal\19009 Professional Engmeenng Services Agrcemenedoc Job No. 19009 ATTACHMENT E PROVISION REGARDING EMPLOYMENT OF UNAUTHORIZED ALIENS As required by IC 22-5-1.7, the Contractor affirms under the penalties of perjury that: A. It does not knowingly employ an unauthorized alien. B. The Contractor shall enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Contractor is not required to participate should the E-Verify program cease to exist. C. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. D. The Contractor shall require its subcontractors who perform work under this Contract to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. E. The City may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty(30) days after being notified by the Town. NONDISCRIMINATION POLICIES Contractor acknowledges that the City is an equal opportunity employer and that no person shall on the grounds of race, color, national origin, sex, sexual orientation, gender identity, age, disability,religion, income status, or Limited English Proficiency be excluded from participation in,be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the City of Jeffersonville. During the performance of this contract, the contractor, for itself, its assignees and successors in interest(hereinafter referred to as the"contractor")agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter "FHWA") Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, sex, age, and Page 9 of 11 Professional Services Agreement S:\projects\19009-2019 Jeff Annul P:n-mg Specs&On-Call Constmcnon Engmeenng\Proposal\19009 Professional Engmeenng Semmes Agreement doe Job No. 19009 disability/handicap and low income in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap and low income. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Indiana Department of Transportation (INDOT) or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to INDOT or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, INDOT shall impose such contract sanctions as it or the FHWA may determine to be appropriate,including,but not limited to: (a.)withholding of payments to the contractor under the contract until the contractor complies, and/or (b.) cancellation,termination or suspension of the contract,in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment,unless exempt by the Regulations,or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as INDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Indiana Department of Transportation to enter into such litigation to protect the interests of the Indiana Department of Transportation and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 10 of 11 Professional Services Agreement S:\projects\19009-2019 jeff Annual P:nang Specs d On-C Construction Engineering\Proposal\19009 Professional Engmeenng Services Agreement.doc Job No. 19009 SIGNED PRINTED NAME TITLE Page 11 of 11 Professional Services Agreement S:\projects\19009-2019 Jeff Annual Pacing Specs&On-Call Construction Engineering\Proposal\19009 Professional Engmeenng Seniccs Agreement dac